Suchergebnisse

Introduction -- The legal categories of straits -- The significance of maritime boundary delimitation for the legal regime of the Estonian straits -- The significance of the outer limits of maritime zones for the legal regime of the Estonian straits -- The significance of long-standing treaties and the legal regime of sui generis straits for the Viro strait -- The significance of domestic law on the internal waters and state continuity for the legal regime of the sea of straits -- Conclusion

Intro -- The Estonian Straits: Exceptions to the Strait Regime of Innocent or Transit Passage -- Copyright -- Dedication -- Contents -- Series Editor Preface -- Preface -- Introduction -- Part 1: The Legal Categories of Straits -- 1 Interpretation of the Legal Categories of Straits under the LOSC -- 2 The Legal Regimes of Historic Straits, Ice-covered Straits and Sui Generis Straits -- 3 The Determinants of the Legal Categories of Straits -- Part 2: The Significance of Maritime Boundary Delimitation for the Legal Regime of the Estonian Straits -- 1 The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland -- 1 The Maritime Area in the Gulf of Finland Subject to Delimitation between Estonia and the Russian Federation -- 2 Pre-existing Agreements Pertaining to the Delimitation of the Maritime Area -- 3 Estonian-Russian Negotiations on the Maritime Boundary in the Gulf of Finland -- 4 Delimitation of the Territorial Sea by the Equidistance-special Circumstances Rule -- 5 The Significance of Islands for the Maritime Boundary Delimitation and for the Viro Strait's Legal Regime -- 2 The Boundary Delimitation between Finland and the Soviet Union in the Gulf of Finland -- 1 The Existence of the Russian EEZ in the Gulf of Finland -- 2 The Acknowledgment of the Existence of the Russian EEZ in the Gulf of Finland -- 3 The Estonian-Latvian Boundary Delimitation in the Gulf of Riga -- 1 The Estonian-Latvian Negotiations on the Maritime Boundary in the Gulf of Riga -- 2 Pre-existing Agreements Pertaining to the Delimitation of the Maritime Area -- 3 Pre-existing Agreements on the Status of Ruhnu Island -- 4 The Status of Ruhnu Island under Article 7(1) of the LOSC -- 5 Delimitation in the Gulf of Riga -- 6 The EEZ in the Gulf of Riga

The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of the maintenance of international peace and security.

The Arctic Regions have been a fascinating subject of study for a long time, mainly because of man's strong desire to conquer the unknown. The military interest in those regions did not develop until recent years. With the straining of relations between the Soviet Union and the United States after World War II, the strategic significance of the Arctic soon became very real. This significance was appreciably diminished with the invention of intercontinental ballistic missiles but the more recent development of the nuclear missile-launching submarine has given the Arctic waters a new military importance. Of course, nuclear submarines could also be of considerable commercial interest. By borrowing the Arctic Ocean, merchant submarines could drastically shorten some of the present maritime trading routes. The exploitation of natural resources in the Arctic regions is already in process of giving new commercial meaning to the old Northwest and Northeast Passages. In the circumstances, an inquiry into the legal regime of the Arctic waters is timely. Two basic principles of the law of the sea are involved: the right of innocent passage, and the freedom of the seas. The present study will concentrate on the right of innocent passage. An investigation will be made into the legal status of the Arctic waters constituting what is commonly known as the Northwest Passage, on the North American side of the Pole, and the Northeast Passage or Northern Sea Route on the Soviet side. The basic question is whether or not the right of free and innocent passage in favour of foreign ships applies to those waters.

Indonesia is geographically located in a strategic position between two continents, Asia and Australia, and two oceans,the Pacific and Indian Ocean. This factor allows many foreign ships to pass or anchor within Indonesian waters for trade and military purposes. Right of innocent passage applies to foreign ships and aircraft within the territorial sea. Foreign ships and aircraft are not allowed to engage in activities or crimes endangering the sovereignty of a nation or perform any violations towards the right of innocent passage. The legal purpose of this research is to know whether innocent passage endangers national sovereignty and learn how the law enforcements protect Indonesian territorial sea from foreign ships. The use of normative legal research reveals that the right of innocent passage in Indonesian waters is regulated in Law No. 17 of 1985 made as a ratification for the 1982 UNCLOS and the Institutions authorized to perform law enforcement in the sea through the employment of patrol task forces, namely Indonesian Naval force, Directorate of Water Police, Ministry of Maritime Affairs and Fisheries and Indonesian Maritime Security Board.

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of "innocent" passage.